HomeMy WebLinkAboutCC-12-15-08-05 Public Defender Services FundSponsor: Councilor Griffiths
RESOLUTION NO. CC-12-15-08-05
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA
WHEREAS, Indiana Code Section 33-40-3-1, et. sue, authorizes the establishment of a
supplemental Public Defender Services Fund (the "Fund"); authorizes a Court to order defendants and/or
parents of delinquent children to pay all or part of the cost of public defender representation; and permits
the use of the Fund to defer the government's cost of public defender services; and
WHEREAS, Indiana Code 33-40-3-5 provides that a county may not have more than one (1)
program to provide Court-appointed legal services unless the fiscal body of the county agrees to allow
additional Court-appointed legal services programs; and
WHEREAS, the Carmel City Court has requested that the Hamilton County Council authorize the
establishment of a Court-appointed legal services program for the'Catmel City Court; and
WHEREAS, by similar resolution executed on December 3, 2008, the Hamilton County Council:
Authorized the City of Carmel and the Carmel City Court to establish a Court-appointed
legal services program to apply only to persons charged with offenses in the Carmel City
Court.
2. Authorized the City of Carmel to establish a Public Defender Services Fund and to
appropriate the proceeds of said Fund pursuant to law.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel,
Indiana, as follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The City acknowledges and accepts the establishment by the Cannel City Court of the Court-
appointed legal services program outlined hereinabove, and by Ordinance No. D-1923-08.
3. The Carmel Non-Reverting Public Defender Services Fund ("Fund") should be established and
the Clerk-Treasurer is directed to deposit such funds as are received by the Carmel City Court and
designated for deposit into said Fund, in compliance with applicable law.
Page One of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attomey.
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Sponsor: Councilor Griffiths
4. Chapter 2, Article 4, Section 2-132 is hereby added to the Carmel City Code and shall read as
follows:
"Sec. 2-132 Carmel Non-Reverting Public Defender Services Fund.
There is established a Carmel Non-Reverting Public Defender Services Fund, into which the fiscal officer of
the City shall deposit and account for such funds as are designated by the Carmel City Court for deposit into
said Fund."
5. This Fund shall be identified as Fund #505.
SO RESOLVED by the Common Council of the City of Cannel, Indiana, this ISday of
N\A C -e ?,\ae ? 2008, by a vote of lip ayes and 6 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
00T- to a_GsehJ 1
Joseph X.,Griffti),is
L. Sharp, President P mpore Kevin Ride'?/??%
V) ac4ezl/l_/ ZZ?? 27
-kccetturo W. Eric Seiderlsticker
E. Carter uci yder
ATTEST:
Diana L. Cordray, IAMC, C -Treasurer
Resolution No. CC-12-15-08-05
Page Two of Three Pages
This Resolution was prepared by Douglas C. Haney, Carmel City Attorney.
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Sponsor: Councilor Griffiths
Presented by me to the Mayor of the City of Carmel, Indiana, this f day of D4UJTAQl ,
2008, at q % at O'clock, P. M. ?v ?lJ
Diana L. Cordray, [AMC, Clerk- asurer
Approved by me, the Mayor of the City of Carmel, Indiana, this !ls day of?
2008, at 'Y- d0 O'clock, P . M.
J es Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk- r. asurer
Resolution No. CC-12-15-08-05
Page Three of Three Pages
This Resolution was prepared by Douglas C. Haney. Carmel City Attorney.
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From:Hamilton County Auditor 3177768454 12/05/2008 14:22 #312 P.002
RESOLUTION NO. 12-3-08-1
A RESOLUTION OF THE HAMILTON COUNTY COUNCIL
AUTHORIZING ESTABLISHMENT OF PUBLIC DEFENDER
SERVICES FUND FOR THE CARMEL CITY COURT
WITNESS THAT:
WHEREAS, Indiana Code 33-40-3-1 et. seq., authorizes the establishment of a
Supplemental Public Defender Services Fund ("the Fund"); authorizes a Court to order
defendants and/or parents of delinquent child to pay all or part of the cost of public
defender representation; and permits the use of the Fund to defer the government's cost
of public defender services; and,
WHEREAS, Indiana Code 33-40-3-5 provides that a county may not have more
than one (1) program to provided Court appointed legal services unless the fiscal body of
the county agrees to allow additional Court appointed legal services programs; and,
WHEREAS, the Carmel City Court has requested Hamilton County Council for
the authority to establish a Court appointed legal services program for the Carmel City
Court.
IT IS THEREBY RESOLVED by the Hamilton County Council as follows:
Pursuant to Indiana Code 33-40-3-5, the Hamilton County Council
authorizes the City of Carmel and the Carmel City Court to establish a
Court appointed legal service program.
2. The program permitted by this Resolution shall only apply to the persons
charged with offenses in the Carmel City Court.
The City of Carmel is authorized to establish the Public Defender Services
Fund and to appropriate.the proceeds of said Fund pursuant to law.
From:Hamilton County Auditor 3177768454 1210512008 1.4:22 #312 P.003
ALL OF WHICI-I IS RESOLVED this 3`d day of December, 2008.
ATTEST:
6 s rn YY a. o
Robi M. Mills, Auditor